Philadelphia Indemnity Insurance Company v. Five Star Restaurants, LLC et al

Filing 68

ORDER Approving 67 Stipulation to Continue Hearing re: 52 Motion to Compel. Responses due by 3/19/2018. Replies due by 3/26/2018. FURTHER ORDERED that defendants shall have until March 19, 2018, to file a response to the motion, and plaintiff shall have until March 26, 2018, to file a reply. The hearing in this matter is CONTINUED from March 6, 2018, to 10:00 a.m., April 3, 2018, in Courtroom 3B. Signed by Magistrate Judge Peggy A. Leen on 3/5/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-00871-APG-PAL Document 67 Filed 03/05/18 Page 1 of 3

1
2
3
4
5
6
7

ADAM K. BULT, ESQ., Nevada Bar No. 9332
[e-mail]
EMILY A. ELLIS, ESQ., Nevada Bar No. 11956
[e-mail]
MACKENZIE WARREN, ESQ., Nevada Bar No. 14642
[e-mail]
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
Telephone: [phone]
Facsimile: 702.382.8135
Attorneys for Defendants Five Star Restaurants, LLC; Westbury
Manor Enterprises, Inc.; Vincent Scotto; and Michelina Scotto

8
UNITED STATES DISTRICT COURT

10
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

B ROWNSTEIN H YATT F ARBER S CHRECK , LLP

9

DISTRICT OF NEVADA

11
12

PHILADELPHIA INDEMNITY
INSURANCE COMPANY, a Pennsylvania
Corporation;
Plaintiff,

13
v.
14
15
16
17
18

CASE NO.: 2:17-cv-00871-APG-PAL

FIVE STAR RESTAURANTS, LLC, a
Nevada limited liability company;
WESTBURY MANOR ENTERPRISES,
INC., a Delaware foreign business
corporation; VINCENT SCOTTO, an
individual; MICHELINA SCOTTO, an
individual; DOE INDIVIDUALS 1 through
10, inclusive; ROE BUSINESS ENTITIES
11 through 20, inclusive;

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE HEARING ON
MOTION TO COMPEL
(Second Request)

19
Defendants.
20
21

Defendants Five Star Restaurants, LLC, Westbury Manor Enterprises, Inc., Vincent

22

Scotto, and Michelina Scotto ("Defendants"), by and through their counsel of record the law firm

23

of Brownstein Hyatt Farber Schreck, LLP; and Plaintiff Philadelphia Indemnity Insurance

24

Company ("Plaintiff", together with Defendants, the "Parties"), by and through its counsel of

25

record The Faux Law Group, hereby stipulate and jointly request that the Court continue the

26

hearing on Philadelphia’s Motion to Compel and For Sanctions (the “Motion”) set for March 6,

27

2018 at 9:00 A.M. and extend the deadline for the Indemnitors to respond to the Motion.

28
16580720

1

Case 2:17-cv-00871-APG-PAL Document 67 Filed 03/05/18 Page 2 of 3

STIPULATION

1
2

1)

On December 13, 2017, Philadelphia filed its Motion. (ECF No. 52).

3

2)

The Parties extended the time for the Indemnitors to respond twice via Stipulation

4

and Order. (ECF No. 56 and ECF No. 59).
3)

5

During that time, the Parties worked diligently to resolve the discovery dispute.

6

The Indemnitors provided additional Interrogatory Responses and Verifications. Additionally, the

7

Parties worked towards mutually agreeable deposition dates and resolution of the fee issue raised

8

in Philadelphia’s Motion.
4)

10
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

B ROWNSTEIN H YATT F ARBER S CHRECK , LLP

9

On January 31, 2018, the Indemnitors filed an Emergency Motion for Status

Conference. (ECF No. 60).
5)

11

On February 1, 2018, Judge Andrew P. Gordon held a Status Conference wherein

12

he instructed, among other things, that $676,189.00 be placed in escrow from a loan to be

13

obtained by Westbury Manor Enterprises, Inc. (the “Loan”), that Philadelphia file any UCC

14

releases necessary for the Loan to close, and that the Parties would negotiate in good faith

15

regarding the distribution of the escrow funds.
6)

16

Philadelphia provided a UCC-3 to Indemnitors and Indemnitors provided an

17

executed copy of the escrow instructions, which reflect Judge Gordon’s instructions. The Loan

18

closed and the $676,189.00 was placed in escrow. At that time, the Parties were hopeful that they

19

could agree upon a distribution plan, and that the lawsuit, including the Motion, would be

20

resolved.

21

7)

As such, on February 5, 2018, the Parties filed a Stipulation and Order to Continue

22

Hearing on Motion to Compel ("Stipulation"), seeking that the hearing on the Motion be

23

continued for another 30 days to provide the Parties time to negotiate in good faith towards

24

resolution.
8)

25
26

continuing the hearing on the Motion to March 6, 2018.
9)

27
28

The Court issued a Minute Order on February 5, 2018, granting the Stipulation and

Thereafter, the Parties attempted to agree upon a distribution plan, but were

unsuccessful.
16580720

2

Case 2:17-cv-00871-APG-PAL Document 67 Filed 03/05/18 Page 3 of 3

10)

1

Thus, the District Judge ordered the Parties to submit briefs on the issue on or

2

before Thursday, March 8, 2018, and scheduled a hearing on the issue for March 13, 2018, at

3

9:00 a.m.
11)

4

Because the Parties have not reached a resolution of this issue, they hereby

5

stipulate and jointly request that the Court continue the hearing on the Motion thirty (30) days,

6

and that the Court set a briefing schedule for the Indemnitors to file a response to the Motion and

7

Philadelphia to file a reply in support of the Motion.
12)

8

Both Parties reserve all rights and defenses.

10
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

B ROWNSTEIN H YATT F ARBER S CHRECK , LLP

9
DATED this 5th day of March, 2018.

DATED this 5th day of March, 2018.

11

BROWNSTEIN HYATT FARBER
SCHRECK, LLP

THE FAUX LAW GROUP

15

By: /s/ Emily A. Ellis
ADAM K. BULT, ESQ., #9332
EMILY A. ELLIS, ESQ., #11956
MACKENZIE WARREN, ESQ., #14642
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614

By: /s/ Jordan F. Faux
KURT C. FAUX, ESQ., #3407
JORDAN F. FAUX, ESQ., #12205
1540 W. Warm Springs Road, Suite 100
Henderson, NV 89014

16

Attorneys for Defendants

12
13
14

Attorneys for Plaintiff
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the foregoing

17
18

Stipulation is APPROVED.

19

IT IS FURTHER ORDERED that defendants shall have until March 19, 2018, to file a
IT IS SO ORDERED:
response to the motion, and plaintiff shall have until March 26, 2018, to file a reply. The hearing
in this matter is CONTINUED from March 6, 2018, to 10:00 a.m., April 3, 2018, in Courtroom
UNITED STATES DISTRICT JUDGE
3B.

20
21
22

Dated: March 5, 2018

DATED this

23
24
25
26
27
28
16580720

3

day of
, 2018.
____________________________
Peggy A. Leen
United States Magistrate Judge